Strip Club Tax Unconstitutional

In all their infinite wisdom (?), the Texas legislature passed a new tax in the last legislative session. They decided that every patron of a strip club in Texas should pay a $5 state tax every time they go to one of the clubs. Of course, then they went home and bragged about how much they had cut taxes. I guess they didn't consider a strip club tax to be a real tax.

But the owners of the clubs certainly did, including some here in Amarillo (and yes, Amarillo does have strip clubs). Several of the owners decided the tax was unfair and filed suit in court.

Last Friday, State District Judge Scott Jenkins ruled that the tax violated the United States Constitution. He said the tax singled out a "business activity involving expression that, while politically unpopular, is nevertheless protected by the First Amendment."

Most of the tax was to be spent on health insurance programs (probably for the rich, since Republicans have tried to cut all health insurance for the poor and for children). But the judge didn't see the connection between taxing strip club patrons and health insurance. He said there is "no evidence that combining alcohol with nude erotic dancing causes dancers to be uninsured, or that any uninsured dancer could qualify for assistance from the fund."

Basically, the legislature tried to pass a "morality tax" on something they disapproved of, and they got slapped down by the court. Free speech and expression is protected -- even that speech that the right-wing legislators don't approve of.

Attorney General Abbott says he will appeal the decision. He has to say that to appease his fundamentalist right-wing base. I doubt the decision will be overturned.